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The details of my Fri May 30th deposition

Posted 05-31-2008 at 11:30 PM by neilbarton

<p style="margin: 0in 0in 10pt" class="MsoNormal">I arrived at the Port Authority offices at 225 Park Ave at about 4:15PM. I was awaiting a call from Couselor Steven Gorelick, attorney for Stern &amp; Kilcullen representing the Port Authority. However, Mr. Gorelick failed to call me to advise me to confirm if we were still on for 4PM. Therefore I made an assumption that things were still a go. It was good that I did.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">I was greeted by Port Authority attorney Jay Selcov. He was very gracious and polite. He spoke with me for a while, as we waited the current deposition to complete.<span> </span>I found Mr. Selcov to be the polar opposite of Mr. Gorelick. To meet Mr. Selcov is to meet a man who is congenial, seems to enjoy life, and has an easy going way about him. Mr. Gorelick, however, plays the part of a crafty/weasely/conniving lawyer straight out of Hollywood central casting. Short in stature with a direct manner with he had a smile that you just can’t seem to bring yourself to trust.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">Also present with Mr. Gorelick was another attorney, Howard Tat. Other than appearing to handle the paperwork he spoke little. Representing the BLRA from McManimon &amp; Scotland was Attorney Jamie Placek.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">Mr. Gorelick did not let me down in his performance once the deposition began. I had suspected that my deposition would have little or nothing to do with the current case of Port Authority v. BLRA and everything to do with attempting to discover information that might allow the Port Authority to try and have my case dismissed. This soon became apparent to Mr. Placek as well, who, to his credit (and in his client’s interest) began a surprisingly heated exchange with Mr. Gorelick. He was adamant that Mr. Gorelick’s line of questioning had nothing to do with the current case. He instructed Mr. Gorelick that he should be advising me, as a witness without representation with a Pro Se complaint pending against Mr. Gorelick’s client that the questions he were asking me could potentially harm my own case, and that if the judge were aware of the tactics that Mr. Gorelick was attempting that he might not approve of such actions. Mr. Gorelick said that he was under no obligation to advise me of such, so Mr. Placek went on record and advised me of such, and then further stated that he would be objecting to the questions Mr. Gorelick would be asking me for the rest of the session.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">Mr. Gorelick attempted to “Trap” me into admitting that I knew of the 45 day time limit on my ability to file. However, following the heated exchange between he &amp; Mr. Placek, I told him directly that his line of questioning was ridiculous. I told him there was no need to try to trap me… that I freely admit to knowing that I am outside the 45 time limit. I told him, as is evidenced by my letter to the judge, that I was unaware until my discussions with Mr. Jay Coffey that any legal remedy presented itself to me as a citizen. I further told him that as I understand the law now, I had the right to file my motion, to be heard by a judge, who according to the law has the ability to extend the 45 day time period if the interest of justice would be served. And what is more just than a taxpayer attempting to prevent two public agencies from stealing $40 million dollars from the taxpayer’s pockets? I went on to say that the interest of justice would certainly be served, especially if I got the chance to question such players at Mr. Doria, and Ms, Susan Bass Levin, and attempt to expose the backroom deal created to cheat the taxpayer.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">After I finished my emphatic statement Mr. Gorelick gave me a sneer as if to say “like I care about the taxpayer” and proceeded with further questions.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">Now, it should be noted that I had provided Mr. Gorelick a digital copy of an email exchange that Mr. Jay Coffey and I had in mid February right after I wrote a letter to the Judge in the PA case. That email exchange detailed my questions to Mr. Coffey on what my options were as a concerned citizen. Because I was speaking to Mr. Coffey as a citizen to a public official and not as a client-attorney, I readily handed these over to Mr. Gorelick with no issue. I handed him these digital documents on Wednesday when I was originally subpoenaed. Mr. Gorelick saw fit to quote from these documents and question me on them. This was much to Mr. Placek’s surprise, who had NOT been provided a digital copy of them, and was only provided a paper copy at 5pm during the deposition. Again he strenuously objected to this and again said that the judge would not be pleased at all by this maneuver. At this point he also stated that Mr. Gorelick was very obviously asking me questions that had no relevance or bearing on the PA v BLRA case.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">I then said to Mr. Gorelick that I had to agree with Mr. Placek’s statement. I said that I obviously had no inside knowledge about the land deal that occurred between the PA &amp; BLRA. Furthermore I told him that all almost conversations that I had on the matter were public record, and that he was free to read this website as well as the archives of NJ.com to see what my thoughts on the matter were and how they progressed over time. <span></span></p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">Mr. Gorelick’s conduct was so surprising that at one point he went so far as to shush his own client, Mr. Selcov, when Mr. Selcov appeared to want to intervene on my behalf.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">During <span></span>the break in deposition I asked Mr. Gorelick when he would be switching sides to come over to the good guys. Surprisingly Mr. Gorelick responded that he believed he is on the side of the good guys. Of course, I pursued this further, asking him how that could be, but he declined to comment further on the matter, only attempting to reassure me that at times when he was younger he had done pro bono work and had worked on such matters as my own. This would lead me to wonder how he could be possibly believe that he was on the right side now? Surely he must be lying to himself or me in this matter.</p>
<p style="margin: 0in 0in 10pt" class="MsoNormal">My deposition lasted just under 2 hours. There was some discussion prior to my deposition amongst the attorney present on accepting the “service” I had provided (notice of my legal action), as supposedly it was not served properly. I told them I was happy to make copies and hand them out to individuals personally if need be. They said no, but wished an extension on their reply until July 22<sup>nd</sup> as the judge is due to decide on July 7<sup>th</sup> on a motion to dismiss, provide summary judgment or allow the case to proceed. <span></span>Even in the event that the case is dismissed, my case will still be able to move forward.</p>

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Old

lulu

Neil,

Did Mr. Placek make issue of the fact you had spoken to a PA representative prior to your testimony? When you visited the PA's office on Wednesday, did anyone advise you not to offer any comments? Technically, neither side is to have contact with the person subpoenaed until the actual deposition takes place. At least that was the case when I was summoned to give testimony. In all fairness, both sides are suppose to hear your comments simultaneously, giving neither side an advantage to prepare questions based on prior knowledge.

Don't be too hasty into thinking Mr. Selcov was a very sweet individual as they usually play good lawyer, bad lawyer. Oft times it's a ploy devised to make you feel more comfortable talking to the good attorney.

Having been subpeonaed for the wrong date might work to your advantage as if the PA tries to have your case thrown out, the judge might not entertain the motion. We can only hope you will be successful with your lawsuit.
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Posted 06-01-2008 at 06:27 AM by lulu lulu is offline
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Vince Rone

Neil,

Glad to hear the deposition went well.

May I offer my personal opinion? I have grown quite cynical in my old age and learned never to trust anyone at first blush. Building trust takes time and even then one can be blindsided. Lawyers are not seeking the truth only a win. I can already feel myself ready to deviate from the subject at hand so I'll just ask "is it wise to represent yourself in this matter"?
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Posted 06-01-2008 at 04:06 PM by Vince Rone Vince Rone is offline
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admin

It may not be wise Vince however I will not spend money on this venture. So unless a lawyer is willing to represent me pro bono, then I will continue to represent myself.
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Posted 06-01-2008 at 04:39 PM by neilbarton neilbarton is offline
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KingBayRat

Neil, Some advice.
1. it is not wise to represent yourself. get a lawyer to do it pro bono - now.
2. you are leaving yourself open to further action by posting what you feel are innocent observations. You should wait until the case is resolved before posting or get a legal review before posting anything.
3. Vince is right. Lawyers are playing the "law game". They are hired to represent people and promote their arguements within the law. It is not a question of right or wrong, in their minds, it is just "the Law" and the rules that the law defines for resolving the dispute. this is why you need an attorney now. you dont know the rules of the game and could leave yourself open to some very expensive litigation if you piss off the wrong people. While your effort is well intentioned, proceeding with this legal action and posting about it in the manner which you are doing, is not wise (understatement).
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Posted 06-02-2008 at 05:25 AM by KingBayRat KingBayRat is offline
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admin

1) KBR: If I could get a lawyer to represent me pro bono, don't you think I would?
2) I disgaree with you that I am leaving myself open to "further action" I am exercising my right to free speech as I have done since I started this website. If I sat in fear of litigation then I would never post half of what is on this website. We can't live in fear of providing opinion.
3) I will refer you back to point #1... no lawyers wish to take my case pro bono. If you have some suggestions, then please do send them over. Of course they are playing the law game, and I am not so naive that I do not realize that. However, I am here to make a point, even if I fail to win my case. I was hoping by now that some lawyer would step forward, but none has. To be very honest with you, this idea that what I am doing is not wise is offensive to me. Someone needed to stand up and have their voice heard in this community about what was going on. With all due respect, many of those who post on my website & on nj.com say a lot more offensive and actionable things, but none take action. I have decided to take action on an issue, not just post about it.
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Posted 06-02-2008 at 07:05 AM by neilbarton neilbarton is offline
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Jude Americk

Neil,

There you go again. Taking offense to KBR opinion is showing a thin skin.

Speaking for myself, I do my part in taking action against the city. I voice my opinion to the powers that be as frequent as I can. It is also very possible those on NJO and here also do their part in their way. You chose to voice your disagreement in your way. To state otherwise is gong down the martyr road again.

Regards,
Jude
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Posted 06-02-2008 at 09:10 AM by Jude Americk Jude Americk is offline
Old

admin

Jude,

I am not showing a thin skin, I am just stating an opinion. I disagree with KBR, if KBR had his way I would have joined a mayoral campaign and would be lobbying for a city job for myself instead of taking a stand on this issue. He doesn't think that any change can happen any other way.

What KBR doesn't get, despite my having clearly stated it, is that there is no lawyer available currently that is willing to do pro bono work on this case. What I take offense at is the notion that I am doing anything worse (in terms of things being "Actionable") than any other person who posts opinion on this website or on nj.com.

Neil
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Posted 06-02-2008 at 09:30 AM by neilbarton neilbarton is offline
Old

KingBayRat

Neil, Change can happen many ways. I intended for my earlier posts to be helpful guidance for a young guy trying to make a difference. Please dont take them in any other way.

You want to take a stand, go for it. But be advised that it can be dangerous. You missed the point of my earlier post: it is dangerous to make public statements about ongoing cases, no matter how innocuous you think they may be at the time. If you had a lawyer, he would advise you to limit your posts to the facts, if anything at all, at the present time. The reason this is dangerous for you is that your name is connected to the admin posts, versus some other website where anonymous posts are made. Even then, if an identity is found out, legal action can be taken against the poster.

p.s. Agree with Jude. you do come off as one looking to be a martyr in some of your posts. sometimes its a fine line.
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Posted 06-02-2008 at 01:31 PM by KingBayRat KingBayRat is offline
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admin

KBR & Jude: no martyr here, lets drop the name calling for this discussion. I am being just the opposite, direct, taking a stand and speaking my mind. There is no gag order on my case, therefore I am legally allowed to speak about it. This case carries no personal liability for me, something I looked into prior to filing, therefore the worst that could possibly happen is that a) my case could be dismissed/or I could lose or b) someone might decide to try & sue me personally.

In the case of b) I run the same risk you do KBR. If you think that you are protected because you are using an alias, please think again. News organizations (such as nj.com) are required by law to keep records of who posts, and are required to produce the documentation under subpoena. Then it is just a quick hop over to the ISP and your identity is had.

I mitigate the risk of b) by not saying anything untrue, and clearly labeling my opinion as just that, opinion. If you see something that is contrary to then by all means point it out. But I don't think you have. I think what you have seen is someone who has consistently laid out a point of view on this subject over the course of time.

I expect this transparency to assist me rather than hinder me in my case, as the judge will be looking very closely to make sure that I am independent and that my motives are truly in the public interest.
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Posted 06-02-2008 at 02:46 PM by neilbarton neilbarton is offline
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HappyPolski

Neil, a different point of view - keeping your cards close to you so that your oppenent doesn't see what you have in your hand. I realize that you have nothing to hide but at the same time there is no reason to show the lawyers evreything. You might just have something in your cards that at the appropriate time would garner better results for you. Or worse, you could be showing something that might just kill your hand.

Just a thought.
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Posted 06-02-2008 at 02:53 PM by HappyPolski HappyPolski is offline
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admin

Stan,

I really wish I had something that I could pull out... I just don't have that. I don't think that detailing what occurred in the deposition tips my hand in any way, and I disagree with the notion that I would somehow legally expose myself by doing so.

IF I happen to come across something that I can hold on to, certainly I will!

Neil
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Posted 06-02-2008 at 03:01 PM by neilbarton neilbarton is offline
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Jude Americk

Neil,

Namecalling? Please. Stop with the "I am the only one who cares" routine. You wrote how you decided to take action as opposed to those who just post on njo. You are making an assumption that those NJO posters aren't doing their part, just you.

Good luck in your fight but you are starting to turn off some supporters.

Regards,
Jude
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Posted 06-04-2008 at 06:31 AM by Jude Americk Jude Americk is offline
Old

admin

Jude,

There are a lot of people on njo that AREN'T doing their part and you know it. In particular, when someone like KBR, who has previously told me that the way I am going about things is wrong, proceeds to tell me how to run my own particular efforts, I am going to take him to task on it. So why don't you drop your routine, and read my response to KBR for what it is?

Also as for supporters... I am not running for political office, and even if everyone dislikes me including yourself, then you can STILL use this website to voice your opinion. That's why I set it up, so that when njo starts deleting again... you will have somewhere to say what you want and let it stick.

Neil
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Posted 06-04-2008 at 09:54 AM by neilbarton neilbarton is offline
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Jude Americk

Neil,

I'll stop my routine if you stop with the "I am the only one doing anything" routine. Since I don't know the identity of cityedition, KBR, or other posters on NJO, I can't make a claim that they aren't doing there part.

No one dislikes you, just some could get turned off by your routine. And posting here isn't exactly getting out to the masses. I sometimes get a quicker response when I ask my dog a question.

Regards,
Jude
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Posted 06-05-2008 at 07:02 AM by Jude Americk Jude Americk is offline
Old

admin

Jude I get your message, consider my routine stopped!

By the way this made me laugh "And posting here isn’t exactly getting out to the masses" I don't expect this forum to be the most popular, but I do expect it to be here so that someone can post an idea and not have it deleted.

Having said that, I still get a surprising amount of traffic here every day, anywhere from 90 to 300, depending on what was last posted.

I don't know if you looked at the website my friend is running, but I think once I team up with him and change the format here, it will probably see a lot more action/posts.

And Jude, thanks for taking the time to share your opinions, even when we disagree I still appreciate them!

Neil
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Posted 06-05-2008 at 08:23 AM by neilbarton neilbarton is offline
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KingBayRat

Hmmmm. i disagree with you Neil, and you have to "take me to task" please... my posts are intended to urge you to be cautious. your intentions are good, but you are a tenderfoot in the wilderness here. would hate to see you get crushed if you get to be a pain for the wrong agency. again, watch what you post. try to be too cute in your descriptions can get you in trouble. you are playing a dangerous game and maybe dont understand just how perilous it can be. A big govt agency, like a big corporation, can bury you with legal proceedings if you dare to challenge them. Look how many people Elliot Spitzer ruined before he got taken down.
Good Luck - Be Careful
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Posted 06-08-2008 at 08:09 PM by KingBayRat KingBayRat is offline
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Jude Americk

Neil,

Anything further on tbe proceedings?

Thanks,
Jude
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Posted 06-17-2008 at 12:37 PM by Jude Americk Jude Americk is offline
Old

admin

Jude,

I have been told that early July the judge will be responding to a motion for summary judgment on both sides of the case. This would not impact my proceedings against the PA & BLRA, however it could give a positive ruling to one of the 2 sides in the matter, which would have an impact on my case. If the judge rules in favor or Bayonne/BLRA then I can drop my case, if not and he rules in favor of the PA then my case will probably be that much weaker.

Neil
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Posted 06-17-2008 at 01:12 PM by neilbarton neilbarton is offline
 

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